An employer that failed to carry out a "diligent investigation" into serious allegations against a worker has been found liable for his psychological injury.
A commission full bench has quashed a decision exculpating a worker of sackable misconduct in engaging in a scuffle with a member of the public, in an important decision examining the test to be applied when a worker claims self-defence.
A commission has overturned the dismissal of a worker who neglected to report a near miss until the day after it occurred, highlighting that employers have a responsibility to help workers comply with safety obligations.
A government employee was unfairly sacked for "bullying and intimidation" after voluntarily involving herself in a stranger's child custody dispute while she was on unpaid leave, a commission has ruled, finding her actions weren't bullying within the meaning of WHS laws or the dictionary.
The High Court has confirmed Qantas Airways Ltd took unlawful adverse action against 1,700 ground crew workers when it outsourced their jobs during the COVID-19 pandemic. The union that brought the case applauded the judgment, and highlighted a string of workplace safety issues that it claims arose from the outsourcing arrangement.
A commission has agreed with an employer that the seriousness of unsafe conduct isn't assessed by reference to injury or damage but the risk created, but overturned its dismissal of a worker for a driving incident it mischaracterised as highly serious.
A worker who was accused of breaching his employer's work health and safety requirements was unfairly dismissed, a court has ruled, finding the employer misinterpreted its own procedures.
A worker's inappropriate s-xual jokes and comments constituted s-xual harassment and provided a valid reason to dismiss him, according to a commissioner, who has also warned his former employer to do more to meet its positive WHS duty to prevent harassment.
An employer's delayed and error-ridden safety investigation has helped a dismissed worker defeat a claim that he breached lock-out-tag-out (LOTO) rules and win reinstatement and compensation.
A worker has failed to reverse his sacking by blaming his multiple driving safety breaches on his work car's allegedly faulty speedometer and his employer's refusal to buy him a GPS navigation system.